A/HRC/21/25 III. Current situation 8. It is estimated that at least 1 million children are deprived of their liberty worldwide,1 a figure that is probably underestimated. Research shows that the majorities of detained children are awaiting trial, that a large proportion of these children are held for minor offences and are first-time offenders. Violence at home, poverty, structural violence and risky survival activities propel children into the juvenile justice system, and detention in the criminal justice system is often used as a substitute for referral to child care and protection institutions. There is a worrying trend for children to be placed in institutions, rather than minimizing the risk of violence against children by ensuring effective prevention. Incidents of violence occur while in custody of police and security forces, in both pretrial and post-sentence detention, as well as a form of sentencing. Violence can be perpetrated by staff, adult detainees and other children, or be the result of self-harm. A. Perceptions of children in the juvenile justice system 9. The United Nations Study observed that although the majority of offences committed by children are non-violent, pressure on politicians to “get tough on crime” has driven increasingly harsh responses to children in conflict with the law. There is a popular perception that a large proportion of crimes are committed by children, although in fact children are not dominant in crimes statistics. 2 The United Nations High Commissioner for Human Rights has expressed concern at the growing public perception that juvenile delinquency is increasing. Such a perception, not grounded upon evidence but based on media reports of a few serious cases, influences the political discourse and too often leads to the adoption of legislation on the treatment of young offenders that weakens children‟s rights. 10. It is a further concern that increasing numbers of children have been drawn into the criminal justice system through “anti-social behaviour measures”, which has led to more children being deprived of liberty – at younger ages. 11. It is apparent that many policy and lawmakers have subscribed to a disproportionately punitive approach. Personnel working with children in the juvenile justice system are not immune to these societal attitudes. The lack of public concern about brutality towards children in detention facilities may reflect societies‟ rejection of children who do not conform to conventional social behaviour. Such stigmatization may also be expressed in the abusive attitudes and behaviour of poorly trained staff. 12. A positive development is that, alongside an apparent rise in punitiveness, there has also been a trend towards increased use of restorative justice mechanisms, especially in the juvenile justice sphere. The United Nations Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters3, as well as the United Nations Handbook on Restorative Justice Programmes4 have provided an international framework for work in this field. In different regions, there are significant developments in the process of law reform and restorative justice programmes for child offenders. In many cases, restorative justice 1 2 3 4 4 Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, (A/HRC/13/39/Add.5), p. 63, para. 236. T. Hammarberg, “A juvenile justice approach built on human rights principles”, Youth Justice December 2008, vol. 8, No. 3, pp. 103-196. Economic and Social Council resolution 2002/12. UNODC Handbook on restorative justice programmes, available from: http://www.unodc.org/pdf/criminal_justice/06-56290_Ebook.pdf